Disquiet over church's stand on nomination of lawyer Mutunga

By JOHN OYWAA silent revolt is sweeping through the Catholic Church over its opposition to the nomination of lawyer Willy Mutunga for the position of Chief Justice.Sources within the church told The Standard on Sunday that a number of priests, nuns and even bishops were not happy with the stand taken by the church’s Episcopal Conference on the matter, but did not express their views for fear of reprisals. One of the priests unhappy with the church’s attack on Dr Mutunga, Fr Ambrose Kimutai of Segemic Parish in Bomet County, said many of his colleagues supported the nominee and were shocked by the stand taken by their church."God is not worried at all about Mutunga’s alleged sins. He knows his weaknesses but has chosen him to bring changes in the Judiciary," Kimutai said.Dinning with sinnersHe added: "Our bishops are questioning Mutunga’s moral standing but even Jesus dined with sinners. We should not be quick to judge others."Quoting Genesis 38, Kimutai said: "Among the ancestors of Jesus were terrible sinners. Judah committed adultery with his daughter-in-law, whom he mistook for a prostitute. God chooses whom he wants to carry out his will and he has chosen Mutunga."Catholic Church has, through the Episcopal conference chaired by John Cardinal Njue, doubted Mutunga’s moral standing.Mutunga’s ear studs has sparked criticism from some quarters while others claim his alleged unstable family life, caused by an on-going divorce case against his wife make him unfit for the post.The Judicial Service Commission nominated Mutunga together with his proposed deputy Nancy Baraza after rigorous televised interviews.The two have been cleared by President Kibaki and Prime Minister Raila Odinga and are only awaiting a nod from Parliament.In their statement, the Catholic bishops said: "The excessive emphasis on academic excellence and radical reformism is not sufficient. Justice fundamentally involves moral order."The bishops said the Church was concerned about the moral principles of the two and faulted the JSC panel, saying it failed to sufficiently interrogate the moral character of the candidates as enshrined in Article 166 of the Constitution.Going publicBut yesterday, Kimutai who claimed he was speaking for the many priests who feared going public over the matter, said it was wrong to use Mutunga’s dressing code and private family life to block him from the top job."Our church has failed to realise that more than 80 per cent of Kenyans have endorsed Mutunga. They should know that the people’s voice is God’s voice," he said.Kimutai, a controversial figure who took an active role during the fight for multiparty politics in 1992, said many of his colleagues had called him over the matter."The problem in our church is that people suppress their views for fear of being punished. I think we should be free to speak out our minds," he said.A senior priest from Nyanza who sought anonymity said he too was opposed to the stand taken by his church.In Kisumu, a group of church leaders also criticised the Catholic Church for opposing Mutunga’s nomination."The two appeared before the Judicial Service Commission where they were interviewed and found to be the best among other candidates," said the group’s spokesman Bishop Washington Ngede.Efforts to get Cardinal Njue or any of his senior bishops who attended the Press conference were unsuccessful.

Disquiet over church's stand on nomination of lawyer Mutunga

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